(1)Where any person has been sentenced under this Act to imprisonment or detention, the authority having power under section eighty-one of this Act to issue a committal order may, in lieu of issuing such an order, order that the sentence be suspended; and in [F1any case where a sentence is suspended under this subsection] the sentence shall not begin to run until a committal order is issued under section ninety-one of this Act.
[F2(1A)Where any person has been sentenced under this Act by a court-martial to imprisonment or detention, the court-martial may itself exercise the power under subsection (1) above to order the suspension of the sentence.]
(2)Where any person has been sentenced under this Act to imprisonment or detention and a committal order in respect of that sentence has been issued under the said section eighty-one, the sentence may be suspended by an order made—
(a)in any case, by [F3the Defence Council] or by any officer holding such command as may be prescribed by regulations made by [F3the Defence Council];
(b)where the committal order was issued by an officer not holding such command, by that officer;
and in any such case the offender shall be released and the currency of the sentence suspended until a further committal order is issued in respect of that sentence under section ninety-one of this Act.
(3)Where a sentence is suspended under this section, [F3the Defence Council] or, subject to any regulations or directions made or given by [F3the Defence Council], any other authority by whom the sentence is suspended, may direct that any other punishment which the suspended sentence involves shall be suspended or remitted; but except as aforesaid the suspension of a sentence under this section shall not affect any such other punishment.
Textual Amendments
F1Words in s. 90(1) substituted (1.1.1992) by Armed Forces Act 1991 (c. 62), s. 12(1); S.I. 1991/2719, art. 2
F2S. 90(1A) inserted (1.1.1992) by Armed Forces Act 1991 (c. 62), s. 12(1); S.I. 1991/2719, art. 2
F3Words substituted by S.I. 1964/488, Sch. 1 Pt. I
Textual Amendments applied to the whole legislation
F4Act repealed (prosp.) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 17 and the repeal being partly in force, as to which see individual provisions